Registered Disability Savings Plans
The Registered Disability Savings Plan [RDSP] is a Canadian savings plan. It is similar to the Registered Education Savings Plan (RESP). If an individual qualifies for the Disability Tax Credit, (for individuals that have a severe and long-term physical or mental impairment) and is under the age of 60, they may be eligible for a Registered Disability Savings Plan. The beneficiary will receive the money invested in the RDSP.
Anyone who has written permission from the plan holder can contribute to the RDSP. The person holding the plan can be one of several individuals of legal age who can enter into a contract legally. This could be a parent or guardian of the disabled individual. This could also be a public agency that is legally authorized to act for the beneficiary.
Contributions are not tax-deductible and can be made into the plan until the year the beneficiary turns 59. Payments to the disabled beneficiary begin when the beneficiary turns 60 years of age. There is no annual limit on the total amount contributed, however, $200,000 is the overall lifetime limit on the contributions made to the plan.
How do Government Grants and Bonds help with RDSP?
Contributions made into an RDSP are matched by the government of Canada through the Canada Disability Savings Grants (CDSG) and the Canada Disability Savings Bonds (CDSB). Both of these can be received until the year that the beneficiary turns 49.
The CDSG has a lifetime limit of $70,000 and an individual may get a maximum $3,500 of matching grants when there is a contribution amount $1,500.
The CDSB has a lifetime limit of $20,000. The bonds do not require contributions.
The rules are complex governing the withdrawal of funds from RDSPs. These rules mandate that the beneficiary may have to repay the government grant and bond money back if:
- The RDSP is closed voluntarily
- Deregistration of the plan
- A Disability Assistance Payment is made from RDSP
- The beneficiary is no longer eligible for the Disability Tax Credit
- The beneficiary dies
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There are cases in which a Tax-Free Savings Account (TFSA) or a Registered Retirement Savings Plan (RRSP) may be more beneficial than an RDSP. This is because people who use these plans receive a tax break on income generated in a TFSA or when contributing to an RRSP. There are no such tax breaks for an RDSP. Instead, they have grants and bonds whereas the other plans don’t.
Because RDSPs are more restrictive than the other plans, it is important to contact a reliable financial planner to assist you in determining which plan is most beneficial for the beneficiary.
RDSPs are an excellent option for disabled Canadians and their family members. They are not the only option. It is important to understand the pros and cons of each savings plan.
For family members of a disabled individual, setting up a trust for their disabled relative that utilizes grants and bonds may very well be a lucrative option to low-income taxpayers.
What Your Disability Lawyer Will Do
The immediate goal is to remove the stress you and your family are experiencing due to a denial by the insurance company. Whether you are suffering from a long-term disability or from a partial disability, we specialize in cases involving Short Term Disability (STD) and Long Term Disability (LTD) Insurance Policies and Canada Pension Plan (CPP) Disability Claims. Himelfarb Proszanski also has an employment law group that ensures your employment rights are protected with your employer. No other personal injury law firm can provide this added service. That’s part of the HimPro Advantage™.
Why Choose HIMPRO?
Himelfarb Proszanski’s disability team has a strong reputation of successfully handling disability claims in Ontario. Some major local law firms refer us their client’s disability cases. Our track record of successfully handling 97.5% of denied disability claims proves that insurance companies take us seriously.
We provide a combined century of trial experience which has led to the successful settlement of over 10,000 cases with combined settlement value in excess of 3/4 billion dollars. And finally, we’re the only firm to offer you. And finally, we’re the only firm to offer you the HIMPRO Advantage™.
Areas We Serve
Our Toronto Disability Lawyers are here for you during this difficult time. Our office is conveniently located in downtown Toronto on University Avenue, about 500 meters from Nathan Phillips Square. We also provide legal counsel in the following:
Based on almost 30 years of legal expertise and handling over 5,000 disability cases, the Disability team at HIMPRO knows how to handle the different strategies the Insurance companies use to deny or delay the payment of your LTD Disability benefits for years. Our in-depth knowledge of the Disability Claim legal process in Ontario has led to an impressive track record: a 97.5% success rate handling disability claims.
Insurance companies know our reputation and don’t want to go up against us in court. We’ve really earned the respect of the insurance industry. Our team, led by David Himelfarb, has over 100 combined years of hard fought insurance and litigation experience, obtaining significant judgments for our client’s disability cases. We have been recognized by Best Lawyers and have the highest rating, AV Preeminent, from Martindale-Hubbell. We have sued and challenged everybody there is, at every major insurance company, over the last 30 years. That has certainly earned us the respect of their general counsel, their national trial counsel, and their defense counsel.
Trying to defend your rights to receive disability benefits and engaging in a legal case can be intimidating and stressful, on top of the disability issue itself. Our team fully understands this and will support you from the start. From our first contact, our immediate goal is to relieve the stress you and your family are experiencing due to a denial by the insurance company. We also understand you want us to be responsive to your enquiries and be kept up to date along the process. For us, you are NOT a number, and we will treat you with full respect for your person and situation, while providing the best legal representation possible.
If English is not your first language, we provide professional translators to assist you in this process, which will limit the stress due to language barriers.
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